I need advice on an eBay transaction gone wrong, please help

P

PDorr3

CAG Veteran
I need help ASAP. I know this is a long post, but I really need the advice, if you could please read through this and help me out it would be greatly appreciated.

I won this auction on ebay:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8212603317&rd=1&sspagename=STRK%3AMEWA%3AIT&rd=1

Notice how the games are described as mint, well when they got here they were no way mint. I asked the seller to refund me $40 or else I will leave a negative, he declined and said he will not refund and that this is the shipping companies fault. I filed a complaint to paypal, and my complaint was the following:

Items were listed as mint but when they were received they were torn, ripped, crushed, dented, covered in tape, pieces cut and removed, marker ink, scratched software, missing software, and unoriginal photocopied documents. Nowhere in the auction did it state ANY of these defects, and according to the dictionary a mint item is "new" and "undamaged" which these items obviously are not "new and undamaged". Here are a few pictures I took as examples: http://img.photobucket.com/albums/v633/PDorr3/DSCF0645.jpg http://img.photobucket.com/albums/v633/PDorr3/DSCF0643.jpg http://img.photobucket.com/albums/v633/PDorr3/DSCF0646.jpg (you can clearly see this is covered in stickers and tape as well as being an unoriginal copy) http://img.photobucket.com/albums/v633/PDorr3/DSCF0647.jpg (this pictures shows an example of how the box was cut and a piece is removed and missing)
If items were sold as mint I expected them to be mint, not in extremely poor condition as I received them. Seller cannot blame this on shipping as it is obvious that these defects were done prior, especialy the scratched software, missing software, unoriginal paperwork, and the taped, torn, cut, boxes. I contacted seller and told him about the condition but he ignored the situation and stated he will not refund. Items won were significantly not as described, the seller clearly misrepresented the items in a way that affected its value and usability.

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I put that I wanted a partial refund of $90, and the seller responded back that he will refund me $40, I have 10 days to decide wether to accept or continue the investigation in hopes of getting the $90, if they find it in the sellers favor I will get no refund.

So here is whereI need your help. Should I accept the $40 and not risk a non-refund if they find it in the sellers favor, or should I continue the investigation in hopes of getting my $90 refund. Do you think the evidence is strong enough to help me win? Looking for people who have had past experiences with stuff like this. Thanks and any advice is appreciated!
 
Hmmmm this is a tough call. I think you might be able to win the $90, but you can't always be sure. You could send the package back to him, and get a FULL REFUND by PayPal (I have done this before and got $180 back). They will take FOREVER to get your money back, but you should get it back in full as long as you provide evidence that you sent the package back to him and he received it (a tracking # is sufficient + keep all your e-mails, etc.). It's still a risk though that you may get nothing back, but like they say high risk, high reward :)

Like I said though I can speak from personal experience that you can get the full amount back by sending it back to him as long as you do it right.
 
You first asked for $40, then after the paypal complaint decided you wanted $90? Why the increase?

If you filed a SNAD complaint, you have a pretty good shot at winning. But they usually wont rule in favor of a partial refund, you'll have to send everything back ( Don't forget the DC) and then you'll get a full refund.

And one more piece of advice, its not a good idea to say "refund $x.xx or you'll get a neg" - ebay sometimes considers that feedback extortion.

Dave
 
[quote name='MightySlacker']You first asked for $40, then after the paypal complaint decided you wanted $90? Why the increase?

If you filed a SNAD complaint, you have a pretty good shot at winning. But they usually wont rule in favor of a partial refund, you'll have to send everything back ( Don't forget the DC) and then you'll get a full refund.

And one more piece of advice, its not a good idea to say "refund $x.xx or you'll get a neg" - ebay sometimes considers that feedback extortion.

Dave[/QUOTE]

Yeah that leaving a negative thing totally looks bad on you, it's better to say nothing about it. If you are going to leave a negative just leave one and get it over with.
 
I recommend calling Paypal and just asking someone there. They have the 800-number listed on their site. Nothing like getting an honest opinion straight from the source.
 
Yeah I think its best if I just accept the $40 because ebay probably will want me to send everything back. Also I did send that "pay me or neg" comment through contact ebay member on ebay, so Im sure they have that on reccord.


And why the increase? Originaly I knew the seller would probably not refund me more than $40, so I said I would take $40. I asked for $90 because thats what I think I deserve.
 
[quote name='PDorr3']Yeah I think its best if I just accept the $40 because ebay probably will want me to send everything back. Also I did send that "pay me or neg" comment through contact ebay member on ebay, so Im sure they have that on reccord.


And why the increase? Originaly I knew the seller would probably not refund me more than $40, so I said I would take $40. I asked for $90 because thats what I think I deserve.[/QUOTE]

Ebay won't really care how it gets resolved until you start filing complaints with them. You can file a complaint against the seller for items not as described. Ebay complaints are usually useless, but at least they stay on record.

But if you aren't prepared/wanting to send everything back, then you should take the 40, cause that's the most likely result of your claim.

Dave
 
So Paypal almost always reqires you to take a full refund and send everything back? Package also had insurance on it if that means anything. I want these games, and I really do not want to send back. I think I might just accept the condition.
 
Take the $40 assuming the seller is going to give you that and not want the games back. If PayPal gives you the full $90 back you will have to send everything back to the seller (at your cost) and PayPal will not give you your money back until a tracking number of some kind shows they are delivered and/or the seller acknowledges receipt.

You're not going to get a full refund and get to keep the stuff.
 
[quote name='wubb']Take the $40 assuming the seller is going to give you that and not want the games back. If PayPal gives you the full $90 back you will have to send everything back to the seller (at your cost) and PayPal will not give you your money back until a tracking number of some kind shows they are delivered and/or the seller acknowledges receipt.

You're not going to get a full refund and get to keep the stuff.[/QUOTE]

but the $90 is not full price, I payed $250 and I am asking for $90, he offered $40.
 
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